Federal judge refrains from decision on Michigan gay marriage case

Stefanie Sarten, 30 (Second from left), and Elisha Kranz, 25 (second from right), sit outside U.S. District Court in Detroit awaiting a possible ruling. The two recently bought a house in Romulus and have been dating 4 years. They're hoping the judge's ruling will allow them to get married. Photo by RYAN FELTON/Of The Oakland Press

A U.S. district court judge has refrained from granting a motion that would strike down a law barring same-sex partners from adopting each other's children - and which would have effectively struck down a Michigan amendment banning same-sex marriage - in a decision made Wednesday in Detroit.
U.S. District Judge Bernard Friedman refrained from granting a motion in the case of Hazel Park couple Jayne Rowse and April DeBoer, who had originally filed a lawsuit in 2012 in an attempt to overturn a state law preventing same-sex couples from adopting one another’s children.
Friedman recommended the case be brought to trial preliminarily set for Feb. 25.
The two plaintiffs are raising three adopted special needs children together. It was initially Friedman’s suggestion that got the ball rolling; he had recommended that the Hazel Park couple amend their lawsuit to challenge the state's 2004 gay marriage ban - a measure approved by 59 percent of Michigan voters.

Attorney General’s argument
Representatives for the defendants (the State of Michigan) and plaintiffs were present to express their arguments. Kristin Heyse, Assistant to Attorney General Bill Schuette, said any decision should not relegated to a federal court judge and should instead be given to the residents of the state of Michigan.
"At the end of the day the people of Michigan should be able to decide," she said. "It should not be the federal courts that do so."
Heyse argued for the state that traditional marriage and family values, on top of the people's decision in 2004 to essentially ban same-sex marriage, should act as a precedent preventing any sort of decision affirming the plaintiff's position - and not misinterpreted as an attack on the gay and lesbian community.
"The state defendant's position on this case is not an attack on the gay and lesbian community and it is not attack on the plaintiffs here," she said.

Couple’s argument
Attorney for the plaintiff Carole Stanyer said that the same-sex marriage ban amendment and the related laws in question are nothing but discriminatory.
"There is nothing cautious about the Michigan marriage ban," Stanyer said. "This amendment enshrines discrimination in the state constitution for all time. The amendment has to be read in conjunction with the state's other laws."
"Jayne Rowse is a legal stranger to her own daughter," she continued, "April DeBoer is a legal stranger to her own two sons."

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Oakland County Clerk
Michael Pitt, representing Oakland County Clerk Lisa Brown, presented the clerk's defense of her duty to issue marriage licenses to eligible couples, regardless of sexual orientation.
"The clerk's duty does not require her or permit her to carry out her duties based on tradition," Pitt said. "Her duty is to ensure that every person seeking a marriage license and who is in a constitutionally protected intimate relationship with another person is treated equally and granted the license that they are constitutionally entitled to."
"The constitution protects the moral and sexual choices of same-sex couples, and her oath of office will not allow her to interfere," Pitt continued.
Friedman will eventually make his written opinion available online.

Reaction
Equality Michigan, upon learning of the outcome of the hearing, issued a response in a press release Wednesday afternoon.
"Equality Michigan applauds the DeBoer and Rowse family, along with their legal team, for their important legal work for LGBT families in Michigan," the statement read. "We remain hopeful that Judge Friedman will come to the same conclusion that a majority of Michigan voters, that treating LGBT couples as second-class citizens in Michigan helps no one. Denying this loving couple full legal recognition of their relationship only makes things more difficult, especially for the three children that April DeBoer and Jayne Rowse are raising."

Demonstrators at federal courthouse
Elisha Kranz and Stefanie Sarten waited near the courthouse, saying: "We've been together four years and we want to get married," Sarten, 30. Both born and raised in Michigan, Kranz, 25, said they're determined to wait for a final verdict in hopes of having the opportunity to say their vows in their home state.
Sarten said: "We want to stay in Michigan."
To date, 14 states have legalized same sex-marriage.
One lone opponent stood outside courthouse on West Lafayette Boulevard Wednesday afternoon carrying a sign with a religious theme but declined to be interviewed.
Lauren Brudenell, of Berkley, was inside the courthouse with her partner Tiffany Moe.
"It's insane to me," Brudenell, 30, said. "I can't believe we're still going to discriminate about same sex marriage."
Brudenell, who has two children, said she was expecting Friedman to rule the state's same-sex marriage ban was unconstitutional.
"I just don't understand how people can look at it another way," she said.
Elena Cascos and Jackie Mackenzie, both of Mount Clemens, had high hopes..
The lesbian couple grew up together in Grosse Pointe and have been engaged since 2006.
"It was heartbreaking," Cascos, 26, said, adding the couple hoped after the hearing they "could just run up to Macomb County Court" and get married.
"It's sad," Cascos, a grocery store manager, said. "But, you have to hope for the best for next time.
Mackenzie, 27, said she hopes the case will draw more attention before it heads to trial in February.
Oakland County Clerk Lisa Brown said after the ruling that "in all the scenarios we imagined...this is not what we were expecting."
Brown, who previously overruled an attempt by her predecessor Bill Bullard to dismiss the couple's suit, said she was hoping the judge would award equal marriage rights to same-sex couples.
The clerk's office was prepared for a possible lift on the same-sex marriage ban, Brown said.
"The staff was ready," Brown said. "We were ready for lines."

Ryan Felton is a staff writer at The Oakland Press who covers Rochester, Rochester Hills, Oakland Township, transportation and technology. Blogging about Detroit at detroit.jalopnik.com. Reach the author at ryan.felton@oakpress.com
or follow Ryan on Twitter: @ryanfelton13.